Birth Injury Legal Help

Birth injuries, cerebral palsy and Erb’s palsy can often be prevented with proper medical care. If not prevented, it can mean years or decades of expenses for the affected family. Legal action can help you cover the cost of care and prevent other families from suffering.

What is Birth Injury Legal Help?

Birth injury legal help can determine if a doctor or medical professional could have prevented your child from developing cerebral palsy, Erb’s palsy or other conditions. Birth injury legal help is typically found through a law firm that specializes in cases related to palsies and related issues.

Exploring your legal options can help you emotionally and financially. The legal process may be able to get to the root cause of your child’s condition. This can provide a sense of closure and help you move on from the shock of a diagnosis.

You may be able to receive money to help pay for your child’s medical expenses. Financial aid from a lawsuit can help you find peace of mind and allow you to focus on your child’s care. This will help your family find stability, especially with conditions like cerebral palsy that have no cure and may require a lifetime of care

Birth Injury Law Firms

If you are wondering about your legal options, you may consider taking your case to a general law firm. This mistake can prove costly. Though many local law firms have good intentions, they often are not equipped to properly handle a birth injury lawsuit.

However, a law firm that specializes in birth injury and cerebral palsy cases will have a full staff dedicated to those issues. This allows your case to get a comprehensive review that focuses on issues crucial to cerebral palsy and birth injuries.

At the Birth Injury Justice Center, we have partnered with an experienced birth injury and cerebral palsy law firm with nearly 40 years of experience representing families in birth injury cases stemming from medical negligence or improper care.

We have worked with many parents to help them find answers to their questions about birth injuries and take the next steps in getting the financial aid they need for their child’s future.

Our legal team is made up of nurse case managers, cerebral palsy lawyers and other birth injury lawyers who strive to make a positive difference in the lives of others.

When a child’s birth injury is the result of improper care by a health care provider, we will help you obtain the money to financially support your child’s medical care, which can include therapies, nursing and specialist care, medications and assistive equipment.

Our experienced partner law firm works to provide people all over the country with the legal assistance they deserve.

The on-staff nurse case managers are available to listen to you. They focus on understanding what happened to your child during birth. They can discuss a variety of issues with you, including signs of birth injuries in infants and growing children. From there, the firm’s lawyers will decide if your case can be pursued.

Birth Injury Lawyers

Birth injury lawyers or cerebral palsy lawyers seek to know the root causes behind your child’s condition and if it could have been prevented. Our partner firm’s lawyers hold themselves to standards of honesty. They will only pursue cases that rest in the facts and can significantly help their potential clients.

Additionally, their services present no upfront costs to you. Our partner firm only receives payment if you win or settle a legal case. You can rest assured knowing that you will not pay anything if you do not achieve the desired outcome from a birth injury lawsuit.

If our lawyers decide to pursue your case, they will contact you to schedule a deposition. A deposition serves as your fact-based, truthful account of your experiences. This allows the legal teams to explore all possible outcomes of a case.

Throughout the legal process, our lawyers will keep you updated in multiple ways, including phone calls, secure emails and official documents that outline the lawsuit’s time frame. This will help you to stay connected—but only if you wish to. Our team knows the hardships that parents caring for children with birth injuries and palsies face. They will work around your schedule to accommodate the needs of you and your child.

Birth Injury Lawsuits

A birth injury lawsuit can take many forms. Depending on how many people are facing similar issues, your case can be combined into a class-action lawsuit or it can take a personalized approach. In either case, the end goals remain the same.

First, we want to help your family receive financial aid. This can help you pay for the care that a child with a birth injury or palsy will need. Depending on the settlement, your child may be able to attain some independence in adulthood. This remains the most important goal of a birth injury lawsuit: to make life as comfortable and normal as possible for families affected by birth injuries.

The other goal of a birth injury lawsuit is to prevent similar issues from happening again. This may mean pursuing action against a doctor or other medical professional if they are found responsible for your child’s birth injuries.

Parents considering a birth injury lawsuit sometimes worry about getting their doctor in trouble. However, it is important to find out what went wrong and if medical negligence was involved. A legal investigation can help parents find answers to these questions. This part of the process is also important to prevent another child from being harmed as a result of the same improper medical care.

By pursuing legal action against a doctor or professional you believe caused your child’s issues, you can give yourself closure and keep other families safe.

The lawsuit process begins with your first phone call to Birth Injury Resource Center. When you call us for a birth injury lawsuit consultation, you will have the opportunity to talk with a nurse case manager.

A nurse case manager will listen to your story and discuss the mother and child’s medical care and treatment. You will be asked about the details of the mother’s pregnancy, delivery and the condition of the child at the time of delivery and shortly after birth. Our legal team will use the information to conduct a review of your situation.

If our legal team determines that there is a case, we can discuss your options. You remain in control throughout the process. It is your choice if you wish to pursue legal action.

Birth Injury Legal Settlements

In many birth injury or palsy lawsuits, the end result is a settlement.  According to the American Bar Association, legal settlement is a resolution to a case before it goes to trial in a court. Most birth injury lawsuits are civil suits, because there are no legal charges being brought.

A settlement will typically allow you to achieve the financial aid you need to help care for your child. Settlements will not determine whether or not someone was right or wrong, but they provided a faster and more economic solution for all parties.

This does not mean that all birth injury or palsy lawsuits are settled. If neither side can come to an agreement, the case will go to trial. Sometimes, a suit may only partially be settled, with some issues resolving and others continuing on into the trial process.

Our partner law firm considers every option that may help you get the financial compensation you deserve. This includes a legal settlement. By coming to a legal settlement, you can get financial compensation years or months earlier than if the case would go to trial.

Malpractice

The American Board of Professional Liability Attorneys (ABPLA) defines malpractice as any form of negligence from a hospital, doctor or other member of a health care team. Malpractice takes many forms. These include if a doctor does not detect a dangerous condition or symptom, if they misdiagnose you or if they accidentally injure a patient.

Different forms of malpractice can cause significant birth injuries in your child. If a doctor does not catch a warning sign or makes a careless mistake during delivery, it can cause your new baby to suffer a serious birth injury or palsy.

The ABPLA outlines several characteristics that can determine if your doctor may have committed malpractice. If your child suffered an injury that has seriously impacted your child’s health and was below the expected standard of care, you could seek action through a birth injury lawsuit.

Statute of Limitations

A statute of limitation is the period of time that you can seek legal action against another party. The statute of limitations depends on a few different issues. These include the charges being brought and the state’s laws.

In birth injury lawsuits, the statute of limitations on cases is usually 18. This allows enough time for your family to properly diagnose any birth injuries or palsies that may not have been apparent at birth. However, since statutes of limitations vary from state to state, it is important to check your state’s regulations.

If you are considering a birth injury lawsuit, the time to call is now. Our team can help verify your case and when the statute of limitations expires in your state. If you do not stay informed, you could lose out on funds needed to help pay for your child’s medical expenses and therapy.

Author:Birth Injury Justice Center
Birth Injury Justice Center

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

Last modified: December 12, 2018

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Birth injuries are instances of physical harm during childbirth directly caused by medical errors. There are many types of birth injuries, ranging from mild to severe. Birth injuries—may cause irreversible damage. Birth injuries are instances of physical harm during childbirth directly caused by medical errors.

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